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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER I.
IN GENERAL

Sec. A20-1. Department recognized.

There is in the County a Sheriff's Department, hereafter in this chapter referred to as the Department.

(Code 1954, § 3.1.30-1)

Sec. A20-2. Sheriff recognized; authority over personnel.

There is in the County and in the Department the position of Sheriff. Subject to provisions of the Charter and this Code, he shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Code 1954, § 3.1.30-2)

Charter reference(s)--Personnel system, Art. VII.

Sec. A20-3. Deputy Sheriffs transferred to the Department of Correction.

By special order executed on December 12, 1988, the Sheriff has maintained deputy sheriff status for all Deputy Sheriffs transferred to the Department of Correction on January 9, 1989. Each transferred Deputy Sheriff shall retain the title "Deputy Sheriff" in addition to any other title granted him or her. The Sheriff shall have no responsibility or liability in any respect for the training or supervision of those transferred Deputy Sheriffs. If any Correction Department Deputy Sheriff is dismissed, resigns or transfers from the Department of Correction, his or her Deputy Sheriff status under this section shall be automatically revoked. The Sheriff shall not be responsible for the receipt and keeping of prisoners in County jails nor be held accountable in any respect for the performance, on or off duty, of any employee of the Department of Correction, whether or not that employee is a Deputy Sheriff.

(Ord. No. NS-300.443, § 1, 12-13-88)

Note--See the editor's note following §§ A20-4, A20-5.

Secs. A20-4, A20-5. Reserved.

Editor's note--Section A20-3, requiring the Sheriff to supervise the County jail, derived from Code 1954, § 3.1.30-3, was repealed by § 1 of Ord. No. NS-300.415, adopted June 25, 1987. Subsequently, § 1 of Ord. No. NS-300.443, adopted Dec. 13, 1988, added a new § A20-3. Section A20-4, requiring the Sheriff to maintain branch jails, derived from Code 1954, § 3.1.30-7, was repealed by § 2 of Ord. No. NS-300.415. Section A20-5, relating to the handling of prisoners' valuables, derived from Code 1954, § 3.1.30-4, was repealed by § 3 of Ord. No. NS-300.415.

Sec. A20-6. Disposition of unclaimed property in Sheriff's custody.

Except as provided in Section A20-7, any property, including money, in the possession of the Sheriff which is not required to be retained in the performance of the Sheriff's official duties and which has remained unclaimed for more than three months shall be disposed of in the following manner:

(a) Currency or coin shall be deposited with the County Treasurer for deposit to the general fund of the County.

(b) All other property may be transferred by the Sheriff to the Public Administrator or transferred to an on-line Internet auctioneer pursuant to Civil Code § 1873 for sale to the public at public auction and the proceeds thereof shall be paid over to the County Treasurer for deposit to the general fund of the County; provided, however, that bicycles and toys shall be turned over to the Chief Juvenile Probation Officer upon his or her request for use in any program of activities designed to prevent juvenile delinquency pursuant to Welfare and Institutions Code § 516.

(c) Any such property which, in the opinion of the Sheriff or the Public Administrator, is worthless or which if sold at public auction would not bring a sum sufficient to offset the cost of conducting the sale may be destroyed, or donated to charitable institutions, or may be repaired and renovated by County prisoners and transferred to the Public Administrator for sale at public auction.

(Code 1954, § 3.1.30-5; Ord. No. NS-300.29, § 1, 3-10-58; Ord. No. NS-300.115, § 1, 11-27-67; Ord. No. NS-300.125, § 1, 10-14-68; Ord. No. NS-300.669, § 1, 9-10-02)

State law reference(s)--Disposition of unclaimed property of prisoners, Government Code § 26642.

Sec. A20-7. Return of lost property in custody of Sheriff to finder.

Any property placed in the custody of the Sheriff for the purpose of discovering the true and rightful owner thereof, shall be returned to the person depositing the same upon the filing of a written request with the Sheriff within six months of the date of deposit. Said request shall contain a statement by the finder that he desires the return of said property in order to perfect his title thereto pursuant to the provisions of the Civil Code of the State of California.

(Code 1954, § 3.1.30-5.1; Ord. No. NS-300.29, § 1, 3-10-58)

State law reference(s)--Lost and unclaimed property, Civil Code § 2080 et seq.

Secs. A20-8--A20-11. Reserved.

Editor's note--Section A20-8, relating to bail moneys, derived from Code 1954, § 3.1.30-6, was repealed by § 4 of Ord. No. NS-300.415, adopted June 25, 1987. Section A20-9, declaring the feasibility of a work furlough plan, derived from Code 1954, § 3.1.30-8, Ord. No. NS-300.23, § 1, adopted Oct. 21, 1957, and Ord. No. NS-300.392, § 1, adopted Jan. 22, 1985, was repealed by § 5 of Ord. No. NS-300.4 15. Section A20-10, relating to the administration of the work furlough plan, derived from Code 1954, § 3.1.30-9, Ord. No. NS-300.23, § 1, and Ord. No. NS-300.373, was repealed by § 6 of Ord. No. NS-300.415. Section A20.11, providing for the transfer of prisoners on work furlough, derived from Ord. No. NS-300.225, § 1, adopted Dec. 14, 1976, and Ord. No. NS.300.287, § 1, adopted June 12, 1979, was repealed by § 7 of Ord. No. NS-300.415. Section A20-12, specifying a work furlough fee, derived from Ord. No. NS-300.400, § 1, adopted Dec. 17, 1985, was repealed by § 8 of Ord. No. NS-300.415.

Sec. A20-12. Reserved.

Editor's note--Ord. No. NS-300.662, § 1, adopted March 19, 2003, repealed § A20-12, which pertained to work furlough fee. See the Code Comparative Table.

Sec. A20-13. Collection of data regarding prejudice-based crimes.

(a) The Sheriff shall collect and analyze data relating to crimes motivated by prejudice based on race, religion, ethnicity, sex, sexual orientation, disabilities and national origin and shall provide such data to the County of Santa Clara Human Relations Commission on a monthly basis. This data shall include information concerning:

(1) The area of the County in which the crime occurred.

(2) The characteristics of the perpetrator and the victim (e.g. race, religion, suspected hate group, etc.).

(3) The nature of the crime.

(b) The crimes with respect to which data shall be acquired are as follows: homicide, non-negligent manslaughter, assault, robbery, burglary, theft, motor vehicle theft, arson, rape, battery, vandalism, destruction or damage to property, trespass, threat, intimidation, and other such crimes as the County of Santa Clara Sheriff considers appropriate.

(c) The Sheriff shall develop and implement appropriate procedures for the collection of such data from crime reports involving incidents motivated by prejudice based on race, religion, ethnicity, national origin, sex, sexual orientation or disability.

(d) The Sheriff, or his/her designee, shall report the occurrence of any such prejudice-based crime incidents to the chairperson of the Board of Supervisors and to the Director of the County of Santa Clara Human Relations Commission within three business days after the report of such incident to the Sheriffs Department, or the Sheriffs Department's awareness of any such crime.

(Ord. No. NS-300.354, § 2, 1-16-90; Ord. No. NS-300.487, 9-17-91)

Secs. A20-14--A20-21. Reserved.

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